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Article: Independence of the judiciary is paramount; The Constitutional Court's powers cannot be altered without changing the constitution itself, a proposition which no political party should aspire to assert.(News)
- Article from:
- The Mercury (South Africa)
- Article date:
- April 15, 2009
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BYLINE: Arthur Chaskalson
According to the constitution, courts must apply the law impartially and without fear or favour. Some, unhappy with certain decisions but ignoring the reasons given for them, question whether judges of the Constitutional Court have discharged this duty.
In recent times the judges have been called counter-revolutionaries and subjected to other abuse. It has even been suggested that the status of the Constitutional Court should be reviewed. This may not be entirely unexpected at times of political tension such as we have experienced in recent years, but the harm it does to one of the most important institutions of our constitution ...